Okaloosa County BOCC — January 19, 2016 — OC-5 Jill Crew Letter to John Hofstad December 17, 2015 — reading text

Master Land Use Plan Map. Mr. Herden purposefully limited residential development to specifically identified residential polygons in the Magnolia portion of the Master Land Use Plan Map. Residential development, or residential redevelopment as the case may be, in these specifically identified residential polygons is permitted to the extent of the allowable densities. If BBR or Mr. Wise were seeking a development order to develop or redevelop residential units within an established and permitted residential polygon, there would not be the pending dispute. However, BBR and Mr. Wise seek permission to change a category of the Master Land Use Plan Map that has never been permitted to be used for development and that has never had residential units assigned to the land. As such, BBR and Mr. Wise are without standing to amend the Magnolia portion of the Master Land Use Plan Map without Mr. Herden’s approval. In summary, my clients request that the County remove the Application from the BCC agenda until the above issues have been resolved. My clients request a written response to each of the issues raised in this letter no later than January 4, 2016. It is our collective goal to amicably resolve this matter so that none of my clients’ interests are prejudiced. Sincerely, Jill W. Crew Encls. Affidavits: Reciprocal Easements, page 1 Mr. Kelly Windes, Vice Chairman EMAIL: kwindes@co.okaloosa.fl.us Mr. Elliott Kampert, ekampert@co.okaloosa.fl.us Mr. Terry Jernigan, tjernigan@co.okaloosa.fl.us Mr. Greg Stuart; gstewart@ngnlaw.com  AFFIDAVIT OF RAIMUND HERDEN 1. I am over the age of 21 and have personal knowledge of the facts stated herein. 2. In late October 2015, I was invited to attend a meeting at Mr. Jerry Zivan' s office to discuss Randy Wise's development plans for the Magnolia 9-hole golf course. 3. Mr. Jerry White, a property owner on Fairway 1 in Magnolia Plantation, accompanied me to the meeting. 4. In attendance at the meeting were Mr. Randy Wise, Mr. Zivan, and representatives ofBluewater Bay Resort, including Mr. Peter Faerber, Mr. Klaus Lang, Ms. Werner, Mr. Tom Hanks, Mr. Jerry White, and myself. 5. Mr. Wise discussed his development plans for Fairway 4. After Mr. Wise spoke about his Fairway 4 plans, I asked Mr. Wise if he had development plans for the other fairways in Magnolia Plantation. Mr. Wise said he intends to develop Fairways 6, 7, 9 and 1, in addition to Fairway 4. Mr. Wise pulled out his master phased development plans for the Magnolia 9-hole golf course and laid the plans across the desk for me and Mr. White to view. 6. Mr. Wise explained that once the Board of County Commissioners approve his Fairway 4 development application, he intends to purchase of the entire Magnolia 9-hole golf course from Bluewater Bay Resorts, and then proceed with development on the other fairways. Mr. Wise referred to his master phased development plans and explained that he intends to build a total of 133 residential units and a commercial town center complex. As we looked at his master development plans, Mr. Wise said he intends to build cluster homes on Fairways 6, 7 & 9, executive homes on Fairway 1, and Boutique retail on Fairway 7. I asked Mr. Wise how long he has had the master development plans that we were looking at. Mr. Wise said he has had these plans for around 6 months. 7. Exhibit 1 depicts the master phased development plans that Mr. Wise discussed with me and Mr. 8. As I have previously stated to the County, the Bluewater Bay Master Development Map classifies the Magnolia 9-hole golf course as open space recreational lands. There are no residential entitlements for the fairways. Neither Bluewater Bay Resorts nor Randy Wise has any legal right to alter my Magnolia Plantation planned residential development scheme or to modify or amend the Master Development Map for Magnolia Plantation. 9. Mr. Wise' s application to amend the Bluewater Bay DRI Development Order to allow development on the Magnolia 9-hole golf course should not be heard by the County Commission because Mr. Wise bas not submitted his conceptual master phased development plans as required by Chapter 6 of the Land Development Code. Under penalties of perjury, I declare that I have read the foregoing z ffid it and that the facts stated in it are true. 1~ ~/-~ Dated: December_ ' ~-- ., i2015. -~ - -~~~-------- Raimund Herden  . !PROJECT LOCATION! 1 Cluster • i Homes 6 Town H Square - commercial 7 VICINITY MAP Cluster Homes N 21 Homes 7 - 8 Executive 1 M/L 4 Homes w ~ ~ ::J a:i 0 ~u GRAPHIC SCALE w 0 125 250 "' 1000 ~~ 9 I I I I I ~o Cluster ::J z ( IN FEET ) 1 Inch = 250 f~ Homes LEGEND ~~ I I DEVELOPMENT PARCEL ORI LAND USE BOUNDARIES © GOLF HOLE NUMBER BLUEWATER BAY LAND USE COMM. = DENOTES COMMERCIAL EP = DENOTES ENVIRONMENTAL PRESERVE C/O = DENOTES COMMERCIAL/OFFICE S = DENOTES MUNICIPAL SERVICE E = DENOTES EDUCATION R = DENOTES RECREATION <ii G = DENOTES GOLF 15u; L/L = DENOTES 1.5 DWELLING UNITS PER ACRE ~ ~~<E?l L = DENOTES 2.5 DWELLING UNITS PER ACRE M/L = DENOTES 4.0 DWELLING UNITS PER ACRE